Sexual violence by doctors is a serious violation of human rights that can have profound psychological and social impacts on victims. Based on Law Number 29 of 2004 concerning Medical Practice, doctors should carry out their profession under applicable medical standards and codes of ethics. Article 51 regulates the obligation of doctors to provide medical services under standards, while Article 79 provides criminal sanctions for doctors who deliberately do not fulfill their administrative and professional commitments. This study uses a normative juridical approach to analyze the legal provisions that protect victims of sexual violence in medical practice, focusing on Article 51 and Article 79 of the Medical Practice Law. The primary sources of data are laws and regulations and related legal literature. The study results show that the effectiveness of legal protection depends on consistent implementation and enforcement of the law and synergy between the law and medical professional institutions. In addition, preventive aspects such as ethical education and transparent oversight mechanisms in medical institutions are essential. Psychological and social assistance for victims is also an integral part of the protection system. With a holistic approach involving the law, professional ethics, and victim protection, it is hoped that it can create a safe and dignified health environment. Evaluation and development of legal policies and professional ethics are needed to strengthen legal protection for victims of sexual violence in medical practice in Indonesia.
Sexual violence is a form of human rights violation that is very serious and can have a profound psychological and social impact on the victim. Cases of sexual violence committed by medical personnel, especially doctors, raise concerns considering the position of doctors as a profession that is supposed to provide protection and security for patients. The Power Relations Theory developed by Michel Foucault is very relevant for analyzing sexual violence by medical personnel, because this theory explains how the power imbalance between medical personnel and patients can cause injustice. Foucault argued that doctors had great control over the patient's body, which was often misused for unethical purposes, such as sexual violence. This power not only relates to medical procedures, but also includes the regulation of information and decisions that affect patients. Foucault also reveals that power operates in a hidden manner in social structures, including in medical practice, which facilitates ethical and legal violations. This theory highlights that unbalanced power relations in the medical world can be a loophole for abuses of power, such as sexual violence, that need to be strictly controlled and regulated. However, the phenomenon of sexual violence by doctors still occurs and requires special attention from various parties, including law enforcement and medical professional regulators (Syafiuddin, 2018).
The case of alleged sexual violence by a resident doctor of the Faculty of Medicine, Padjadjaran University (Unpad) at Hasan Sadikin Hospital, Bandung, which went viral on social media, has become a public spotlight. The doctor has been designated as a suspect and detained by the West Java Police after evidence such as the anesthetic midazolam, contraceptives, and the results of the autopsy corroborated allegations of abuse against several victims, including female patients and the patients' families. The perpetrator's modus operandi is to use medical pretexts to inject drugs before committing acts of harassment, which raises concerns regarding the safety and protection of patients in health institutions. Article 50 of Law No. 29 of 2004 concerning Medical Practice stipulates that doctors can obtain legal protection while carrying out their duties under applicable professional standards and operational procedures. Still, the abuse of this authority, as in the case, clearly violates professional ethics and can be subject to disciplinary and criminal sanctions. Article 51 affirms the obligation of doctors to provide medical services according to standards and maintain patient confidentiality, which in this case has been violated. Meanwhile, Law on Sexual Violence (UUTPKS) Article 5 regulates the prohibition of all forms of sexual violence, which includes actions carried out by medical personnel against patients. This case shows the need for strict oversight and stricter law enforcement to protect patients from abuse of power in the medical sector.
In the legal context, the protection of victims of sexual violence by doctors does not rely solely on general criminal law. Still, it must also refer to specific provisions governing the practice of medicine. The Medical Practice Law is the central legal umbrella that regulates the procedures for practicing the medical profession and the obligations and sanctions for ethical and legal violations in the medical profession. The provisions in this law are expected to provide adequate legal protection for victims while upholding the professionalism of doctors in carrying out their duties.
However, in practice, there are challenges related to the implementation of the Medical Practice Law in handling cases of sexual violence by doctors in terms of the protection of victims, which requires an in-depth study. Therefore, an analysis is needed to evaluate the extent to which the Medical Practice Law can guarantee legal protection for victims of sexual violence in the medical field. Based on this description, the problems that will be studied in this study are: What are the aspects of legal protection for victims of sexual violence carried out by doctors based on the Medical Practice Law?
Human life will undergo five stages of development based on sexual instinct. Adolescence or what is called the genital phase in psychosexual theory means that sexual pleasure at this stage is centered on the genitals and sexual intimacy. This is also followed by physical development in men and women who have entered puberty. In women, breast growth, menstruation, and hair growth on the genitals begin. In men, it is characterized by wet dreams, enlarged genital size, and hair growth on the genitals.(Hanifah et al., 2022)
The perspective put forward by Sigmun Freud says that basically the needs, impulses, and emotions experienced by humans will create the behavior carried out by those humans. The behavior that is done and displayed by the individual is actually a stimulus and action that the individual thinks. Sigmun Freud explained, human personality consists of several theories, namely: (1) Drive/instinct theory; (2) topographical theory; (3) Structural theory; (4) Psychosexual stage theory. (Fikriya et al., 2023)
The thought factor of oneself towards things of a sexual nature will also influence a person to act and do sexual activities. In fact, sexual activity is a natural activity to do, as every individual has a desire to satisfy and be satisfied. However, it would be unnatural if sexual activity was carried out before the sacred bond of marriage and was carried out on individuals who were not of age. Ideally, sexual activities should be carried out by a married couple who are legally married by religion and state. An understanding of proper sexual activity must also be understood before engaging in sexual activity. Sexual activity must also be balanced with a correct understanding of science related to sexuality itself. If the stage of a teenage couple does premarital sexual activities without proper and legal education, then problems will arise that the couple will go through. (Windasari, 2020)
According to the opinion put forward by Stenzel and Krigiss (2003), sexuality is a physical expression formed on the basis of dependence, commitment, and trust. Sexual behavior occurs due to the sexual urge or desire that individuals make towards the opposite sex. Sexual activity is a way for humans to express and fulfill their sexual desires, desires, and urges that are fully realized by humans in their minds and are carried out by having intercourse with the opposite sex. The sexuality activities in question have many types, such as kissing, hugging, having sex, video call sex, sexting, one night stand, friends with benefit, fingering, foreplay, handjob, masturbation, and penetration
Sexual violence is any act in the form of forced sexual relations, in an unnatural and/or undesirable way, forced sexual relations with other people. Sexual violence can occur anywhere, in all age ranges and genders. Although most victims of sexual violence are women, it can also occur in men and children (men and women). World Health Organization (WHO) data states that one in five women has experienced sexual harassment or rape by their intimate partners. (Pibra, 2021)
According to the Indonesian Ministry of Health, one in five women and one in thirteen men report having experienced sexual violence as a child/adolescent. Sexual violence has the potential to cause traumatic experiences that can have an impact on the victim, both in terms of mental, physical, reproductive health, and sexuality, which can be acute or long-term. Sexual violence also has an impact on social burdens, including increased costs in the health sector for the treatment of secondary diseases of victims of sexual violence. (Iskandar & Zabir, 2020)
The large number of cases of sexual violence in Indonesia requires proper handling, including in the health sector. Knowledge related to the characteristics of sexual violence is vital in the optimal handling of sexual violence cases. (Windasari, 2020)
On April 12, 2022, the Sexual Violence Crime Bill was passed into law (hereinafter referred to as the TPKS Law) in the Plenary Session of the House of Representatives of the Republic of Indonesia. The ratification of the TPKS Law There are several records that must be considered by the Government, Law Enforcement, and the Community. Why is that, because the crime of sexual violence does not only occur directly in the real world but also occurs, massively, in cyberspace. According to the 2022 Komnas Perempuan Annual Record (CATAHU), over a period of 10 years, 2021 was recorded as the year with the highest number of Gender-Based Cases (KBG), which increased by 50% compared to 2020, with a total of 338,496 cases. In CATAHU, there are several types of Gender-Based Violence that are of concern in 2021, including Online Gender-Based Sexual Violence (KGBS) against women, KGBS against women with disabilities, violence with perpetrators of members of the TNI and Polri, and sexual violence in the educational environment (Komnas Perempuan Annual Record, 2022). The KBGS category in Komnas Perempuan's complaints and service agency data is dominated by cases of online bullying (cyber harassment), threats of malicious distribution and online sexual extortion (Komnas Perempuan Annual Record, 2022)
The development of information technology has had both positive and negative impacts. In the field related to morality, various forms of crime and moral violations also occur. Some of them are such as cyberporn cases, cybersex, cyberprostitution to revenge porn. These four types of cases are several examples of crimes in cyberspace that occur without having to make physical contact. In the context of law enforcement, Indonesia has several national legal instruments that are used to tackle crime and moral violations. Some of them are: Law of the Republic of Indonesia Number 1 of 1946 concerning the Criminal Code (KUHP); Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection and its amendments, Law of the Republic of Indonesia Number 35 of 2014; Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence; Law of the Republic of Indonesia Number 13 of 2006 concerning the Protection of Witnesses and Victims, as well as the amendment of Law of the Republic of Indonesia Number 31 of 2014; Law of the Republic of Indonesia Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons; Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions and its amendments, Law of the Republic of Indonesia Number 19 of 2016; and Law of the Republic of Indonesia Number 44 of 2008 concerning Pornography. However, of course, law enforcement efforts have challenges that can come from various factors. According to Soerjono Soekanto, there are five factors that affect law enforcement, including: (1) legal factors; (2) law enforcement officials; (3) facilities and facilities factors; (4) community factors; and (5) cultural factors. In addition to these five factors, technological factors also complement the five, which can also be a challenge in realizing the goals of law enforcement, namely: legal certainty, social benefits, and justice that become a reality (Kurnia et al., 2022)
Post Traumatic Stress Disorder (PTSD) PTSD is a syndrome of anxiety, autonomic relativity, emotional instability, and flashbacks of the very painful experience after physical and emotional stress that exceeds the limits of the endurance of ordinary people PTSD is a condition that arises after an extraordinary experience that is gripping, terrible and life-threatening to a person, such as a natural disaster, a major accident, sexual abuse (sexual violence), or war (Fuady, 2011)
The research in this article employs a normative juridical approach, which relies on the study of applicable legal norms as a basis for doctors' analysis of legal protection for victims of sexual violence, as outlined in the Medical Practice Law. This approach is relevant because the primary focus of the article is to review the legal provisions and principles governing the practice of medicine, as well as legal protection for victims in the context of cases of sexual violence that occur in medical institutions.
The data sources used in this study consisted of:
Primary legal materials, namely relevant laws and regulations, include:
Law Number 29 of 2004 concerning Medical Practice
Criminal Code (KUHP)
Secondary legal materials, in the form of news (mass media), legal literature, academic journals, scientific articles, the results of previous research on sexual violence, and the medical profession.
The method used is qualitative analysis, where the collected data is analyzed by emphasizing legal interpretation, juridical logic, and norm construction of developed facts and documents. The analysis aims to:
Identify aspects of legal protection regulated in the Medical Practice Act related to sexual violence by doctors;
Examine the effectiveness of the application of legal norms and law enforcement mechanisms in similar cases;
With this method, the article aims to provide legal arguments to support better protection for victims of sexual violence in the realm of medical practice and contribute to the development of legal policies and ethics of the medical profession.
Legal protection for victims of sexual violence carried out by doctors is critical and must receive serious attention in medical practice. Based on Law Number 29 of 2004 concerning Medical Practice, specific provisions regulate the obligation of doctors to conduct their profession in accordance with the code of ethics and applicable medical service standards. Article 50 stipulates that doctors and dentists have the right to legal protection while carrying out their duties in accordance with professional standards and established operational procedures. Additionally, Article 51 stipulates the obligation of doctors to provide medical services by professional standards and operational procedures, and to maintain the confidentiality of patient information. Violations of this provision, including acts of sexual violence, are serious violations that are subject to disciplinary or criminal sanctions. Therefore, the Medical Practice Act provides a clear legal basis for protecting patients from abuse of authority and professional misconduct by doctors.
Malpractice, also known as malpractice, refers to the practice of medicine that falls below the standard of care. This term is often used to describe the negligence of doctors in carrying out their profession, which can lead to detrimental consequences to patients. Malpractice occurs when a doctor fails to perform medical procedures carefully or thoroughly, even though they know or should have known that their actions are contrary to the law or professional standards. Malpractice typically involves negligence, such as errors in diagnosis, anesthesia, or medical procedures that fall below the standard of care. (Aryani & Intarti, 2016).
Article 51 in in Law No. 29 of 2004 concerning Medical Practice Affirm doctors' obligation to provide medical services under applicable professional standards and operational procedures. This article outlines doctors' obligations to maintain the confidentiality of patient information, provide services with care in accordance with established procedures, and ensure that medical measures do not harm patients. Violations of Article 51 may result in disciplinary or criminal sanctions, depending on the severity of the error in medical practice.
Additionally, Article 79 outlines criminal sanctions for doctors or dentists who deliberately fail to fulfill their established administrative and professional obligations. This obligation is related to medical service standards and patient confidentiality, aimed at maintaining the quality of medical practice and protecting patients' rights. Violation of this obligation can be subject to imprisonment for a maximum of 1 year or a maximum fine of IDR 50,000,000.00. This sanction aims to ensure that doctors and dentists comply with the applicable provisions in medical practice, thereby preventing malpractice and maintaining the profession's integrity.
The effectiveness of this legal protection is highly dependent on the implementation and enforcement of existing laws and regulations. The case of sexual violence by resident doctors at Hasan Sadikin Hospital in Bandung shows that there are gaps in the internal supervision of medical institutions and reporting procedures that must be optimized. Victims often face various obstacles, ranging from social stigma to fear to lack of adequate legal assistance. Therefore, the legal system and medical professional institutions must work together to ensure a fair law enforcement process and comprehensive protection for victims.
Additionally, the preventive aspect is a crucial component of legal protection. Medical professional education needs to emphasize the importance of ethics and social responsibility in medical practice to prevent sexual violence. Educational institutions and hospitals should provide transparent oversight and complaint mechanisms and involve independent agencies if necessary. This aims to reduce the number of violent cases and build public trust in the medical profession and health services.
The Law on Medical Practice, which is equipped with a professional code of ethics, provides a legal framework to take action against doctors who commit sexual violence. Articles related to disciplinary and criminal sanctions must operate synergistically with the general criminal justice mechanism to ensure that suspects receive appropriate legal processes and victims obtain justice. Psychological and social support for victims must also be part of the protection system, ensuring that the victim's recovery proceeds smoothly.
Bioethics in the health sector provides an important ethical guideline for doctor-patient interactions and business practices in healthcare institutions. Bioethical principles, such as Autonomy, Kindness, Non-Maleficence, and Justice, are the moral basis in business ethics in the field of Health. (Ummah, 2019).
The Autonomy Principle emphasizes the patient's right to make decisions regarding their own body and health. It encourages hospitals to provide transparent and honest information, allowing patients to make informed decisions without manipulation.
The Beneficence Principle requires service providers to prioritize patients' well-being, ensuring that business decisions focus on profit as well as quality of care and fairness for all patients.
The principle of Non-Maleficence focuses on avoiding actions that harm patients, such as overdiagnosis or overmedicalization, to maintain the credibility and integrity of healthcare facilities.
The Principles of Justice ensure equal access to healthcare without discrimination, with hospitals committed to providing equitable care, including for underprivileged patients (Indriani et al., 2025).
Thus, legal protection of victims of sexual violence by doctors requires a holistic approach, involving three main aspects. First, the legal element encompasses the provisions of laws and regulations governing medical practice, as well as the criminal law enforcement mechanisms against perpetrators, which must be enforced consistently and transparently, ensuring that victims receive justice. Second, professional ethics act as moral guidelines and standards of behavior for doctors in carrying out their duties, where violations such as sexual violence are not only against the law but also betray the patient's trust and professional integrity. Third, victim protection includes providing psychological, social, and legal assistance to help victims recover and undergo legal processes with adequate support. In addition, increasing professional awareness through education and continuous training is essential for doctors to understand the legal and ethical implications of their actions and the importance of upholding professional integrity. Finally, institutional support from hospitals, professional organizations, and the government must be realized in the form of effective surveillance mechanisms, safe reporting systems, and policies that protect victims and prevent the recurrence of violence. The synergy of these aspects is crucial to creating a safe, professional, and dignified health service environment. This study emphasizes the importance of evaluating and developing legal policies and professional ethics to strengthen legal protection for victims in medical practice in Indonesia.
Legal protection of victims of sexual violence by doctors is vital and needs to receive serious attention in medical practice. Law Number 29 of 2004 concerning Medical Practice provides a clear legal basis for taking action against doctors who violate their professional obligations, including the implementation of malpractice or acts of sexual violence. Article 51 regulates the responsibility of doctors to provide medical services in accordance with professional standards and operational procedures. In contrast, Article 79 provides for criminal sanctions against doctors who deliberately fail to fulfill their administrative and professional obligations. The effectiveness of this legal protection is highly dependent on the consistent implementation of the legal system and medical professional institutions, as well as the enforcement of existing norms.
A holistic approach involving the law, professional ethics, and victim protection is urgently needed. Legal aspects include legal provisions that ensure criminal law enforcement against perpetrators, professional ethics as moral guidelines in carrying out doctors' duties, and victim protection, which provides psychological, social, and legal assistance. Furthermore, enhancing professional awareness through education and ongoing training will strengthen the integrity
of the medical profession and prevent similar violations in the future. Institutional support from hospitals, professional organizations, and the government is vital in creating a safe and dignified health environment. The synergy of all these aspects will strengthen legal protection for victims of sexual violence in medical practice in Indonesia.
Future research should focus on a holistic approach involving the law, professional ethics, and victim protection. Legal aspects include legal provisions that ensure criminal law enforcement against perpetrators, professional ethics as moral guidelines in carrying out doctors' duties, and victim protection, which provides psychological, social, and legal assistance.
Aryani, F. N., & Intarti, A. (2016). Legal Liability for
Malpractice by Medical Personnel Based on Law Number 29 of 2004
concerning Medical Practice.
Fikrya, A. I., Hariyani, I. P., & Anggraini, D. (2023). Profil
Kasus Kekerasan Seksual di Rumah Sakit Bhayangkara Padang Periode
2018-2019.
Fu'ady, M. A. (2011). Dinamika psikologis kekerasan seksual:
Sebuah studi fenomenologi.
Hanifah, S. D., Nurwati, R. N., & Santoso, M. B. (2022).
Seksualitas Dan Seks Bebas Remaja.
Indriani, D., Suryana, D., S, F. P., Yuni, P., & Redjeki, F.
(2025). The dimension of business ethics in health services is based
on bioethical principles.
Iskandar, I., & Zubir, Z. (2020). Karakteristik kasus
kekerasan seksual pada perempuan di blud rumah sakit cut meutia
berdasarkan visum et repertum periode tahun 2018.
Kurnia, I. P. S., Lisnawati, N. F., Veryudha, E. P., Nikmatul, K., Maidaliza, M., Desi, A., ... & Suminah, S. (2022). Kekerasan Seksual.
Law of the Republic of Indonesia Number 12 of 2022 concerning the Crime of Sexual Violence, 1 Ministry of State Secretariat of the Republic of Indonesia 1 (2022).
Law No. 29 of 2004 concerning Medical Practice, Medical Practice Rules 157 (2004).
Pibra, A. (2021). Hubungan Faktor Risiko Kekerasan Seksual Dengan
Angka Kejadian Pelecehan Seksual Di Rsud Dr Pirngadi Medan Tahun
2019.
Syafiuddin, A. (2018). The Influence of Power on Knowledge
(Understanding Michel Foucault's Power Relations Theory).
Ummah, M. S. (2019). Fundamental Bioethics. In
Windasari, N. (2020). Karakteristik Kasus Kekerasan Seksual di
Rumah Sakit Tipe A di Jawa Barat dan Sumatera Barat.